Overview
David tries high-stakes corporate and commercial cases as first chair in the Delaware Court of Chancery as well as in the Superior Court’s Complex Commercial Litigation Division.
Chambers USA and Chambers Global have repeatedly recognized David as both a top Court of Chancery litigator and national trial lawyer. The Legal 500 names him a “Leading Lawyer” for M&A litigation nationwide; Lawdragon 500 ranks him among the “Leading Litigators in America.” Sources in these publications call David “maybe the best litigator in Delaware,” “one of the best trial room practitioners I have ever seen,” “a master tactician” with “excellent instincts,” “smart and effective in cross-examinations and depositions,” and “a brilliant writer.” One peer said he would be “the one I would go with for case strategy, if I had to choose only one lawyer in Delaware.”
As lead trial counsel in an eight-day jury trial, David won a directed verdict for his client on both its $75 million affirmative claim and the $400 million counterclaim against it.
David has represented many of the most prominent national and international law firms. He regularly serves as their lead counsel in legal malpractice and professional liability litigation, including defending claims that they aided and abetted fiduciary breaches by corporate officers and directors. He is the lead author of the Delaware chapter of the American Bar Association’s The Law of Lawyers’ Liability: Fifty-State Survey of Legal Malpractice, 2d Ed.
David also handles appeals, serving as lead appellate counsel in the Delaware Supreme Court, the U.S. Court of Appeals for the Third Circuit, and appellate courts in other states.
David is a member of the Board of Regents of the American College of Trial Lawyers and the Court of Chancery Rules Committee. He has lectured on high-stakes Chancery strategy at Harvard and Columbia Law Schools and presented at Tulane Law School’s Corporate Law Institute and the ABA Section of Litigation's Annual Conference.
David’s pro bono work includes successfully defending the State of Delaware’s assault weapons and large-capacity magazine bans, including arguing the appeal in the Third Circuit.
Before founding the firm, David was a partner at Connolly Bove Lodge & Hutz LLP and, from 2001 through 2008, at Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., where he litigated in trial and appellate courts across the country, including in the Court of Chancery.
Honors
Fellow and member of the Board of Regents, American College of Trial Lawyers
Chambers USA, America's Leading Lawyers for Business, Band 1: Court of Chancery Litigators
Chambers USA, America's Leading Lawyers for Business, Band 2: Nationwide Litigation: Trial Lawyers
Chambers Global Legal Guide, Band 2: USA Litigation: Trial Lawyers
The Legal 500 US, M&A Litigation "Leading Lawyer"
Lawdragon 500 Leading Litigators in America
Benchmark Litigation, Local Litigation Star
Fellow, Litigation Counsel of America
Member, Court of Chancery Rules Committee
Director, The Historical Society for the Court of Chancery
Fellow, American Bar Foundation
Representative Matters
News & Publications
Credentials
Education
Columbia University, J.D., 1995
- Thomas E. Dewey Prize for best brief in honors moot court competition
- Lawrence S. Greenbaum Prize for best oral argument in honors moot court competition
- James A. Elkins Prize in Constitutional Law
- Member, Journal of Law and Social Policy
- Harlan Fiske Stone Scholar, 3 years
Johns Hopkins University, B.A., 1994
Professional Experience
- Connolly Bove Lodge & Hutz LLP, Partner, 2008-2011
-
Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Partner, 2001-2008, Associate, 1998-2000
-
Latham & Watkins, Litigation Associate, 1995-1998
Admissions
- Delaware, 2008
- District of Columbia, 1996
- New Jersey, 1995
- Maryland, 1995
- Supreme Court of the United States, 2001
- United States Court of Appeals for the Third Circuit, 2014
- United States Court of Appeals for the District of Columbia Circuit, 2007
- United States Court of Appeals for the Sixth Circuit, 2002
- United States District Court for the District of Delaware, 2009
- United States District Court for the District of Columbia, 1998
- United States District Court for the District of New Jersey, 1998
- United States District Court for the District of Maryland, 1996
Professional Affiliations
- American Bar Association
- Delaware State Bar Association
- District of Columbia Bar Association
- Maryland State Bar Association
